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Barry Hembling presented a paper to the Society of Construction Law at a meeting in Tunbridge Wells on 12 April 2016.
Barry Hembling’s paper questions why, following the 2009 amendments to the Construction Act, the courts continue to be inundated with payment related claims. He reviews the recent cases and identifies key trends, such as the courts’ approach to issues of substance and timing of applications for payment. In particular, he highlights the distinction between assessment of contractual compliance and assessment of the valuation itself, and notes that the legislative changes appear to be encouraging the parties to issue further proceedings to challenge valuation assessments. He also offers practical advice to both payers and payees to help them avoid the pitfalls identified in the cases.
To purchase the paper from The Society of Construction Law, please click on link below.